ACTION COLLECTION SERVICE INC v. HARMONY BLACK McCULLOUGH

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Court of Appeals of Idaho.

ACTION COLLECTION SERVICE, INC. An Idaho Corporation Plaintiff-Respondent, v. HARMONY L. BLACK (aka McCULLOUGH), Defendant-Appellant Petitioner

Supreme Court Docket No.: 44466-2016

Decided: December 06, 2017

Thomas J. Katsilometes, ISB #4265, THOMAS J. KATSILOMETES, P.L.L.C., 100 N. Ninth St., Ste. 200, P.O. Box 777, Boise, ID 83701, Telephone: (208) 529-9377, TJK@208Lawyers.com, Attorney for Petitioner/Defendant-Appellant

PETITION FOR REHEARING

To: The Honorable Chief Judge Gratton and to Judge Huskey and Judge Gutierrez of the Idaho Court of Appeals, Petitioner respectfully requests a rehearing in the above-entitled cause pursuant to Idaho Appellate Rules 42(a), 116, and 41(a) and requests that the decision and opinion be amended, modified, or otherwise revised as suggested, for the reasons and on the grounds following:

Idaho Appellate Rule 41(a) allows for the application for attorney's fees on appeal at initial briefing but also provides “․ however, the Supreme Court may permit a later claim for attorney fees under such conditions as it deems appropriate.”

Petitioner believes there is a sufficient basis both in fact and in law to allow for the application and award of attorney fees to Petitioner as the prevailing party in the Court's Opinion No. 61 filed November 16, 2017. Petitioner will provide the factual and legal support for this Petition in the brief she will submit to the Court pursuant to Idaho Appellate Rule 42(b).

Pursuant to Idaho Appellate Rule 42(c), Petitioner respectfully requests oral argument to be ordered by the Court as it deems necessary.

RESPECTFULLY SUBMITTED THIS 6th day of December, 2017.

CERTIFICATE OF SERVICE

I hereby certify that on this 6th day of December, 2017, I caused to be served a true and correct copy of the foregoing by the method indicated below, and addressed to the following:

Shaun R. Bonney Shearer & Bonney, P.C. 196 S. Cole Rd. Boise, ID 83709-0932 PO Box 15412 Boise, ID 83715-5412 Clerk of the Supreme Court and Court of Appeals of Idaho 451 W. State Street P.O. Box 83720 Boise, ID 83720-0101 Civil Proceedings, Deputy Clerk of the District Court Third Judicial District Court 1115 Albany St. Caldwell, ID 83605-3522 ☒ U.S. Mail □ Hand Delivered □> Overnight Mail □ Telecopy (Fax) (208) 377-1207 (208) 345-1436 □> Electronic Mail □ U.S. Mail ☒ Hand Delivered □ Overnight Mail □ Telecopy (Fax) (208) 947-7590 □ Electronic Mail ☒ U.S. Mail □ Hand Delivered □ Overnight Mail □ Telecopy (Fax) (208) 454-7525 □ Electronic Mail

THOMAS J. KATSILOMETES, P.L.L.C. Attorney for the Petitioner/Defendant-Appellant